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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bhakta Prasad Swain – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. allegations of domestic violence. (Para 2 , 3 , 4) |
| 2. settlement of marital dispute. (Para 5 , 6 , 7) |
| 3. arguments for quashing proceedings. (Para 8 , 9) |
| 4. court's inclination to encourage settlements. (Para 10 , 11) |
| 5. inherent powers of the court. (Para 12 , 13 , 14) |
| 6. quashing of criminal proceedings. (Para 15 , 16) |
JUDGMENT :
SAVITRI RATHO, J.
1. I have heard Mr. A.K. Sarangi, learned counsel for the petitioner, Ms. S. Patnaik, learned Addl. Govt. Advocate for the State and Mr. A.K. Sahoo, learned counsel for the opposite party no.2.
2. This application under Section 482 of the Code of Criminal Procedure (in short “Cr.P.C”) has been filed by the petitioner – husband challenging the order dated 30.01.2017 passed by the learned SDJM, Cuttack in G.R. Case No 1928 of 2015 taking cognizance of offences punishable under Section-498-A, 307, 323 of the Indian Penal Code (in short IPC ”) against the petitioner.
FACTUAL MATRIX
3. The petitioner is the husband of opposite party No. 2. The prosecution allegations in brief as per the F.I.R. lodged by opposite party no.2, Binodini Swain is that her marriage had been solemnized in the year 2004 with the petitioner, Bhakta Prasad Sw
Matrimonial disputes can be quashed under Section 482 of the Cr.P.C if amicably resolved, even if involving non-compoundable offences, prioritizing genuine settlements to secure justice.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The High Court can quash non-compoundable matrimonial offense proceedings if the parties have amicably settled their disputes, emphasizing the use of inherent powers to secure justice.
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
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